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公司是市场经济生活中的基本竞争主体,公司组织的稳定、健康、有效发展是资本增值的前提,同时也是劳动权实现的基础,但在日趋激烈的国际、国内市场竞争环境下,公司组织的频繁变动是在所难免的,正所谓“合久必分,分久必合”。究其根源与动机,不外乎是公司出于获取竞争优势的经营战略思考或被迫承受竞争失败后果的无奈选择。仅就公司组织变动本身而言,属于商事行为,形成商事关系,为商事法(主要是公司法)所调整与规制。表面上看,公司组织的变动似乎只是由资本所有者和经营管理者的意志所决定的股权与经营权行使的一种体现。但公司不单是经营主体,同时
The company is the basic competition main body in the market economy life. The stable, healthy and effective development of the company organization is the premise of the capital appreciation. At the same time, it is also the basis for the realization of the labor right. However, under the increasingly fierce international and domestic market competition environment, Frequent changes are inevitable, is the so-called “for a long time will be divided, long time will be combined.” The root cause and motivation, nothing more than the company out of competitive advantage for business strategy or forced to bear the consequences of competition, the helpless choice. As far as the organizational change itself is concerned, it is a matter of commercial conduct, forming a commercial relationship regulated and regulated by commercial law (mainly corporate law). On the face of it, the changes in the organization of the company appear to be only a reflection of the exercise of the rights of ownership and management determined by the will of the capitalist and the manager. But the company is not only the main business, at the same time